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JimmyT commented that “Neither of these are precisely what is being discussed here.” and I agree. I dont think either of these examples add clarity to the example asked about. Where the OC made no action to a previous owner to comply with unauthorised changes that they made to the common property.
The first case about removing the stair case is where a notice to comply had been issued to the owner who had made the unapproved changes. I personally would find it understandable that if the property is sold after that noticed was issued, then the new owner would also have to comply. The new owner should have taken steps to review the minutes of the strata which would indicate the outstanding notice to comply.
The second case is where an owner who made the change is ordered to undo the change.
I did find this bit of information under section 140 Order relating to alterations and repairs to common property and other property
(4) An Adjudicator may specify in an order under this section whether the owners corporation or the owner of the lot concerned has the ongoing responsibility for the repair and maintenance of any additional property arising out of an alteration or repair to common property approved under the order.
(5) If an order makes provision for the owner of a lot to have the ongoing responsibility for the repair and maintenance of any such additional property, the order also has effect in relation to any subsequent owner of the lot.
